STANDARD OF CONDUCT FOR DEBTORS IN OBLIGATIONS
Civil law establishes that a debtor must act with the prudence and care of a “good family father”—a concept that implies responsible, attentive, and foreseeable behavior.
This standard applies to all types of obligations: economic, contractual, family-related, or arising from commercial relationships. Its purpose is to ensure that the debtor does not fulfill obligations in a careless, improvised, or negligent manner.
In everyday situations—such as loan repayments, product deliveries, or entrusted tasks—the assessment hinges on whether the debtor acted as a reasonable person would under similar circumstances.
PROFESSIONAL LIABILITY FOR LACK OF DILIGENCE
When the obligation involves a specialized activity—such as medical, technical, legal, or construction services—the required level of diligence is higher. In these cases, the debtor’s conduct is evaluated based on the nature of the profession and its standard practices.
This means that electricians, lawyers, or architects must perform their duties using the knowledge, skills, and care inherent to their profession. If a professional falls below the expected standard, they may be held civilly liable.
A common example is when a mechanic returns a vehicle with unresolved issues due to inadequate inspection. In such situations, diligence is assessed by comparing the professional’s actions with those of a competent peer in the same field.
LEGAL CONSEQUENCES OF LACK OF DILIGENCE
Failure to exercise proper diligence may result in:
- Liability for damages and losses
- Termination of the contract if the breach is serious
- Obligation to redo the service at no additional cost
Additionally, when the service is professional in nature, the lack of diligence may be evaluated in conjunction with applicable special laws, technical regulations, or ethical standards of the sector.
In summary, the debtor’s diligence is a key factor in determining whether an obligation has been properly fulfilled. The general standard requires behavior aligned with that of a prudent and careful person. In professional contexts, the standard is elevated according to the field’s technical expectations. These rules allow for an objective assessment of negligence and its legal implications.
Our law firm provides specialized advice on contractual liability and evaluation of diligence obligations. If you are facing a case related to this legal concept, contact us for expert legal support.
Frequently Asked Questions (FAQs)
What does it mean to act as a “good family father”?
It is a legal standard referring to prudent, responsible, and careful behavior expected from a reasonable person when fulfilling an obligation.
Is the required diligence the same in every case?
No. In professional activities, the level of care required is higher due to the technical nature of the service.
Can I claim damages if the debtor acted negligently?
Yes, provided you can prove the damage suffered and the link between the negligence and the harm.
What if the obligation was performed but with deficiencies?
You may request that the service be redone properly or seek compensation for the resulting damages.
Is a professional always liable for malpractice?
Only if they acted below the standard expected for their profession, which is assessed on a case-by-case basis.
The content of this article does not reflect the technical opinion of Rigoberto Paredes & Associates and should not be considered a substitute for legal advice. The information presented herein corresponds to the date of publication and may be outdated at the time of reading. Rigoberto Paredes & Associates assumes no responsibility for keeping the information in this article up to date, as legal regulations may change over time.
